MATHUR, J. : This is a Government Appeal under S. 417, Cri. P.C. against the order of the Sessions Judge of Jhansi allowing the appeal of Dhanwan, respondent, and thereby acquitting him of the offence punishable under S. 19(f) of the Arms Act, on the ground that the D.B.M.L. gun said to have been recovered from his possession on 26-2-1961 was not sealed at the spot and the necessary link evidence not adduced to prove that the gun was recovered in the same condition and was the same as was produced before the trial Court. The learned Sessions Judge took this view on consideration of certain decisions of this Court. In view of the fact that the appeal was being allowed on a legal ground, the Sessions Judge did not record a finding whether the prosecution had or had not succeeded in proving the recovery of the gun from the possession of the respondent.

2. The learned counsel for the respondent made a request that in case the above question of law was decided against him, the appeal be remanded for a fresh hearing so that the respondent may also have the benefit of a finding of fact of the lower appellate Court, The request is a reasonable one and, in the circumstances, we are